NPM No. 005-2019

Requesting Entity: Southern Philippines Development Authority (SPDA)

Issues Concern: Creation of Additional Bids and Awards Committee (BAC)



Whether Southern Philippines Development Authority may validly create separate BACs in order to expedite the procurement process?

Section 11.1.2 of the 2016 revised Implementing Rules and Regulations of Republic Act No. 9184, which provides that "[t]o expedite the procurement process for practical intents and purposes, the Head of the Procuring Entity (HoPE) may create separate BACs where the number and complexity of the items to be procured shall so warrant. The BACs may be organized either according to: (a) geographical location of PMO or end-user or implementing units of the Procuring Entity; or (b) nature of procurement. Similar committees for decentralized and lower level offices may also be formed when deemed necessary by the HoPE.”

Therefore, SPDA may validly create separate BACs if the reason therefor is to hasten the procurement process given the number and complexity of the procurement projects being or to be undertaken by it.